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Search Results 0 to 9 of about 10 (some duplicates have been removed)
it as enemy combatant, military court. i know john mccain, lindsey graham, couple of others are pushing for that. you need a little more evidence to know whether you can do that. you really have to know, did he become part of the terrorist war against the united states? these e-mails and texts that they're discovering kind of make a pretty good case that he was part of a group that's at war against the united states. if you can make that case, then you could try him in a military court. you could try him in guantanamo bay and not have the spectacle of this trial having to take place in boston or some other place where they would change venue. >> are you sure about military court? as i understand, it was for noncitizens and for foreign nationals. >> if a citizen becomes part of the war effort against the united states -- let's take an example like this. let's take the second world war. let's say an american citizen went to germany and joined the nazi army and invaded the united states, we could try that person in a military court. now, the nature of this war is so ambiguous, you're going
cain, lindsey graham, they are suggesting. >> that could take him out of the american criminal justice system and put him into some other kind of system. it's not quite clear. a military tribunal, perhaps being sent to guantanamo. in any case the obama administration has shown absolutely no interest in that idea and every indication is that he will be tried as a criminal defendant in an american criminal courtroom. >> lindsey graham who himself is a military attorney, has spent 30 years in the u.s. air force, he insists he wants tsarnaev to be tried in american civilian court, but that didn't preclude at least for now naming him an enemy combatant to try to question him to see if there are other bombs out there, other individuals who may be involved. sort of this imminent threat notion. is he on sound legal ground, lindsey graham, when he says, yes, he'll go before a civil trial, but at least for now name him an enemy combatant so he can be questioned? >> well, the obama administration has established a policy of a so-called public safety exception to the miranda rule where for some period of
by using the normal criminal procedures. >> because lindsey graham and others say, yes, he should be tried as a u.s. citizen, should be tried in a u.s. civilian court, but that can await this process of doing some serious interrogation of him and designating him as an enemy combatant in the meantime. all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and
a top republican like lindsey graham. >> the only thing you need to know about lindsey gram right now is that he's running for re-election. even though he knows better, even though he knows that dzhokhar, for example, is not going to be tried as an enemy combatant, even though he knows his allegations against the president are ridiculous, it's a way of him scoring political points. i'll say, you know, i don't think there's anything wrong as you were pointing out asking questions about, okay, did the fbi follow the right course here? >> the investigation. >> absolutely. but when you go for this nakedly political point instead, you actually undermine those sorts of honest investigations. because it turns it into political football rather than a real inquiry into what happened and if there was anything we could do or anything we could learn. >> i think, joan, there is a legitimate questions one could raise, whether i agree with them or you agree with them or not. >> right. >> but to rev up benghazi, too? it is clear they're trying to get all kind of old political points, mixing in with n
that's the wrong legal path. senator lindsey graham of south carolina has said tsarnaev should be questioned by u.s. intelligence agencies. and then put on trial before a military commission, perhaps even at guantanamo bay in cuba. the obama administration has insisted that criminal trials can be just as effective, and tsarnaev is an american citizen, which could complicate putting him in a military court. the actual filing of criminal charges. that could come quite quickly. even within the next day or so. and the -- he would then appear before a federal magistrate. if he is not well enough to leave the hospital, that hearing could actually be done in his hospital room. alex? >> okay, pete, so what point does he get an attorney? >> well, he gets a lawyer during this questioning process for the next 48 hours. under this rule. he has no right to the miranda right. once he exercises his miranda warning, though -- once he exercises his miranda rights he has the choice to stop answering questions. but what the justice department says is, most people in these cases, surprisingly enou
understand senator lindsey graham correctly, is what he was proposing is by making him an enemy combatant, that he would be turned over to the military to be questioned for a period, 30 days, and whatever he said during that 30 days could not be used against him when he gets turned back over for a federal trial. i think that's what he said. you know, which is different than what i think some people thought he meant originally. but anyway, i also thought it was interesting that the defendant is, according to the magistrate, and we have a copy of the transcript from the court hearing today, is that he is alert, mentally competent, and lucid. they did talk to him a little bit. i guess they might have got some information out of him the last day or so, would you expect? >> you know, i think what we have to do here, greta, as you are pointing out, is to separate the whole notion of what would be admissible in a criminal trial. i think there's very little doubt that he will be found guilty in a criminal trial; that he very likely will receive the death penalty. there's a lot of evidence out the
an enemy combatant are those republicans, among them john mccain and lindsey graham. but there's others, they say basically he should be treated as an enemy combatant for now and then handed over to civilian authorities. the information we're learning about his inability to communicate right now throws a wrench into a lot of that. but on the other side, we heard today from the chairman of the intelligence committee of the house, mike rogers, and here is his perspective on why he should not be treated like an enemy combatant. >> he's a citizen of the united states. i think that brings all of the protections of the u.s. constitution. under the public safety exception, however, i do believe that the fbi has a period of time to try to determine what threats are there today. we don't know if there's other devices. we don't know if there's other people. i think mirandizing him up front would be a horrible idea. >> so there are really a series of questions there. first, should he be treated as a criminal -- excuse me, as a -- i want to make sure i get it right, as an enemy combatant. that ques
on in this hearing right now between lindsey graham and janet napolitano. we will get into it more later. the gist of it is why didn't we know about tamerlan's trip to russia, given the fact that he had been -- he had been, you know, asked questions already by the fbi, and at one point janet napolitano in this hearing today suggested, well he pinged on the way out. we picked him up on the way out. mike levine sailed he was on a very large watch list not a terror watch list that doesn't have a whole lot of significance. the big thing here, bob is are we doing what we need to be doing in terms of keeping track of people who have been on the radar in this country, or are we throwing up our hands and saying we can't find anything on them so we are done with that. >> this is the third time the fbi has let people slip through their fingers. they interviewed the guy before he went to russia. then he went to russia in an area near chechnya and he was there for six months. at that point it would seem to me it would trigger something, somewhere along the line. martha: you would think. >> this guy has been a
, or was this a conspiracy. that's where our focus is right now. >> i want to play for you what republican senator lindsey graham said after the white house announced earlier in the day that the survivining suspec the 19-year-old, would not be questioned as an enemy combat t combatant. listen to this. >> i'm asking this administration to leave on the table the option, if the evidence warrants, to designate this individual as an enemy combatant. what do we know? we know that these two individuals embrace radical islamist thought, that there's ample evidence this was an attack inspired by radical ideology, they were not trying to rob a bank in boston. >> what do you think about that, congressman? >> well, fifrst thing, i respec the senator's point of view, but i disagree. number one, you have to look at the legal aspect of this. when that provision that you don't have to give miranda rights is used, that -- you have to show a connection to al qaeda. in this situation, we at this point have no connection to al qaeda whatsoever. so the other issue is, this is an american citizen. when you have an american ci
Search Results 0 to 9 of about 10 (some duplicates have been removed)